International Law of Armed Conflict
A.Y. 2021/2022
Learning objectives
The course is divided in two parts. The first part is devoted to the analysis of international rules, conventional and customary, relating to international and non-international armed conflicts. The second part will focus on international crimes of individuals (mostly consisting of violations of the international law of armed conflict or committed in armed conflict situations) and on international criminal tribunals, with a special focus on the International Criminal Court. The purpose of the course is to provide students with the capacity to understand and to handle this specialized field of international law.
Expected learning outcomes
By the end of the course, the students will have acquired the basic concepts and the logic of the international law of armed conflict and of international criminal law. On the basis of the acquired knowledge, they shall be able to apply those concepts and logic to the analysis of specific cases. This objective will be achieved through the direct involvement of students in the analysis of cases decided by international criminal tribunals and through their active involvement in the simulation of an international trial. These activities will enable them to solve new problems, linked to the present day reality, by applying the rules also to hypothetical situations, while strengthening their critical thinking in a field characterized by strong ethical connotations, and their ability to communicate orally and in writing.
Lesson period: Third trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
Third trimester
More specific information on the delivery modes of training activities for academic year 2021/2022 will be provided over the coming months, based on the evolution of the public health situation.
Course syllabus
1. The rules applicable in international armed conflicts: the origins, the sources, the general principles; the legal regime relating to the status and treatment of combatants and prisoners of war, the protection of the civilian population, the means and methods of warfare. The law of belligerent occupation.
2. The rules applicable in non international armed conflicts. International crimes and international criminal tribunals: notions, sources, history. The elements of international crimes; general principles; war crimes, crimes against humanity, genocide.
3. The crime of aggression. Modes of participation in international crimes and defences. International criminal tribunals, in particular, the International Criminal Court: structure, jurisdiction, immunities; investigations, prosecutions, procedure, sentencing; fair trial. Moot court exercises.
2. The rules applicable in non international armed conflicts. International crimes and international criminal tribunals: notions, sources, history. The elements of international crimes; general principles; war crimes, crimes against humanity, genocide.
3. The crime of aggression. Modes of participation in international crimes and defences. International criminal tribunals, in particular, the International Criminal Court: structure, jurisdiction, immunities; investigations, prosecutions, procedure, sentencing; fair trial. Moot court exercises.
Prerequisites for admission
Students are expected to have acquired a basic knowledge of international law.
Teaching methods
Moot Court exercises (simulations of international criminal law trials with the active involvement of students) will be organized during the third module of the course: the best performances will be awarded with the addition of one or two points to the student's final grade. Seminars with the participation of experts are contemplated.
Teaching Resources
1. Y. DINSTEIN, The Conduct of Hostilities under the Law of International Armed Conflict, Third ed., Cambridge University Press, Cambridge, 2016, pp. 1-69, 72-128, 135-262, 264-282, 287-297 (corresponding to the following paragraphs: 1-185, 189-343, 364-712, 719-777, 798-822).
2. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 1-3, 7-10 (pp. 3-94, 183-289).
3. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 4-6, 11-14 (pp. 95-179, 291-417).
Supplementary materials will be indicated during the course.
2. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 1-3, 7-10 (pp. 3-94, 183-289).
3. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 4-6, 11-14 (pp. 95-179, 291-417).
Supplementary materials will be indicated during the course.
Assessment methods and Criteria
At the end of the first part dealing with International Humanitarian Law (1st module + beginning of the 2nd module) there will be a written exam for students attending the lectures. This intermediate exam will consist of two open questions on the first part of the programme, aiming to stimulate the student's capacity to formulate the knowledge acquired in a clear and critical manner and to apply it to concrete cases. The final exam is oral, based on two or three questions aiming to verify the student's ability to understand and to expose topics included in the second part of the course and to articulate proper reasoning on hypothetical case situations. The mark obtained for the intermediate exam will account for one half of the final mark.
Professor(s)
Reception:
Wednesday, 9.30 am-12.30 pm, by appointment, in person or on Microsoft Teams.
Department of International, Legal, Historical and Political Studies, Room No. U1, first floor on via Conservatorio 7